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HomeMy WebLinkAbout02229 ORD - 02/24/1948AN ORDINANCE No. 2229 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI, TEXAS, TO EXECUTE FOR AND ON BEHALF OF SAID CITY A RELEASE OF VENDOR'S LIEN AND DEED OF TRUST TO JAMES L. LOVBW, ET UR, COVERING LOTS THREE (3) AND FOUR (4). IN BLOCK FOUR (4). HIGHLAND ESTATES ADDITION AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager of the City of Corpus Christi, Texas, is hereby authorized and directed to execute for and on behalf of said City a release of a Vendor's Lien and Deed of Trust to James L. Lowman and Elizabeth Truman Lawmen covering Lots Three (3) and Four (4) in Block Four (4), Highland Estates Addition to the City of Corpus Christi, Texas, a copy of said releases being attached hereto and made a part hereof for all pertinent purposes. STATE OF TEXAS COM[Tx of NuECES VERZKS, on the 9th day of .April, A. D. 1945. James L. Lowman and ;;llzabeth Truman Lowman of buaoes County, Texas, did execute, acknowledge and deliver to Hodge Thompson, City Attorney, as Trustee for the City of Corpus Christi. Texas, a certain Deed of Trust on the following described real estate lying and being in Vueoes County, Texas, to -wit; Lots Three (j) and Four (1 }) in Blook .Four (4), _ii; hlsnd Estates Addition to the City of Corpus Christi, Aueces County, Texnsl said lots beinU more fully described in a map or plat of said addition on file in the office of the 4 ;ounty Clerk of ttueoes County, Texasi to secure the prompt payment of a certain promissory note executed by the said James L. Lowman and Cilisabeth '_'roman Lowman and payt,rle to the order of the City of Corpus Christi, Texas, as followst Said note being in the principal sum of x850.00, payable in monthly installments of x25.00 each, first inetallrwnt to be paid on or before the yth day of 'day, 1945, and a like installment on or before each suoceedi% month thereafter until the entire principal sum and interest at the rate of per annum was duly paid. A00 3YM; O said note, with accrued interest thereon, has been duly paid to the City of Corpus Christi, Texas, the legal and equitable owner and holder of said note= N(M, TILi -RE ORE, KNOtY ALL MN BY Tz PSK PRESENTS, that the City of Corpus C�iriuti, Texas, a municipal corporation joined herein by Tillman Smith, City RV oraey (Subelitute Trustee), in consideration of the premises and of the full and final payment of said note, the reoeipt of which is hereby acknowledged, have this day end do by these presents, release, discharge and quitclaim to the said James L. 1.owman and 'Iisabeth Truman Lowman, their heirs or assigns, all the right, title, interest and estate in and to the property above described which the undersigned have or may be entitled to by virtue of said Deed of Trust, and do hereby declare the same fully released and discharged from any and all liens created by virtue of said note and Deed of Trust above mentioned. (Rolaaae of Dead of Trust) EXECUTED this defy of February, A. D. 1948. CI Y C;F' CORPUS CiiRI::TI, TEXAS dy City er My Morney u a u ruatee) ATTESTS Secretary APPROVED AS i'0 LWAL FORMS AssistLut City Attorney STATE OF TEXAS COUNTY OF NUECES BEFORE BEE, the undersigned authority, on this day personally appeared H. H. Allen, City Manager of the City of Corpus Christi, Texas, ]mown to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated find as the act and deed of said City. Given under my hand and seal of office this the day of February, A. D. 1918. Notary Fix lie In and for Nueoes County, Texas STATE OF TEXAS COUNTY OF NUPCES Q BEFORE ME, the undersigned authority, on this day personally appeared 'Tillman Smith, City Attorney (Substitute Trustee), of the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foregoinU instrument and selmowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated. Given under wj hand and seal of office this the day of February, A. D. 1915. Netar7 Public in and for Nueoes County, Texas STATE Or TEXAS 9 COUNTY OF NUZCES p W,fiMEAS, on the 9th day of April, A. D. 1945. the City of Corpus Christi, Texas, did execute and deliver to James L. Lowman and Elizabeth TrurAn Lowman a certain deed of conveyance wherein the City did convey to the parties last named the following described tract of land, located in the County of Nuscos. State of Texas, and more par- ticularly described as followse Lots Three (3) and Your (4) in Block Four (4), highland 4atates Addition to the City of Corpus Christi, Nueces County, Texass said late being more fully described in a map or plat of said addition ou file in the office of the County Clark of 17ueoes County, Texas; AND, 4M1tEAS. as a part consideration for said land the said James L. Lowman and lizabeth Truman Lowman did execute and deliver to the said City of Corpus Christi, 'Taxes, one certain promissory note for Eight Hundred and Fifty ("�65C.UO) Dollars, bearing even date with said deed and payable to the City of Corpus Christi, Texas, or order. said note being payable in equal monthly installments of $25.00 each, the first bein6 due and payable on or before the 9th day of May. 1915. and a like installment due and payable on or before the Stn day of each succeeding month thereafter; said note bearing interest at a rate of 5;4 per annum, and a Vendor's Lien was expressly retained in such deed to secure the payment of said promissory noted AND. 11HEREAS, maid promissory note has been fully paid off and discharged. both principal and interest, and at the time of its payment said note was the property of the City of Corpus Chrietii NOVO, T-HEREFORE, MW ALL MMN BY THESE Pit%SE oTS, that the City of Corpus Chriati, Texas, a municipal corporation for and in consider- ation of the promises and the full and final payment of said note, has remised, released, quitclaimed, discharged and acquitted, and by thew presents does remise, release, quitclaimv. discharge and acquit unto the said James L. Lowman and Elisabeth Truman Lowma, their heirs and assiins, the Vendor's Lieu hereinbefore existing upon the land and promises aforesaid. (Release of Vendor's Lies) MCUTED this day of February, A. D. 1940. CITY OF CORPUS CHRISTI, TEAS By City Maisager ATTRSTi City Secretary APPROVED AS TO MGAL FMh arty Attorney IssisteAt CIty A orney STATE OF TEXAS COUNTY OF' NIJECES 4 BEFORE ME, the undersigned autherity,en this day personally appeared H. H. h1len, City Manager of the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foreGoin{ instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said City. Given under uW hand and seal of office this the day of February, A. D. 19W. Notary Public in and for Nusces County, Texas SECTION 2. The fact that James L. Lawman and wife have paid the City of Corpus Christi, Texas, all sums due it which were secured by the Vendor's Lien and Deed of Trust set out in this Ordinance and the fact that it is necessary that release be placed on record in order to clear title to said property creates a public emergency and public imperative necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date it is introduced and that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such public emergency and imperative necessity exist, and having requested that such Charter rule be suspended, and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED. PASSED AND APPROTED this 4z day of February, A. D. 1947. i City of Corpus Chris ti, Texas ATTEST: City Seet„�Fy APPROVED AS TO LEGAL FORTII: A y A torney AssistanyCityr A orney Corpus Christi, Texas G 1918 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas Gentlemen: For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, hereby request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, City of Corpus Christi, Texa The Charter rule was suspended by the following vote: hlesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry Joe T. Dawson az� The above ordinance was passed by the following vote: Wesley E. Seale George R. Clark, Jr. John A. Ferris R. R. Henry 4tzz Joe T. Dawson